THIS
DECLARATION, made on the date
hereinafter set forth by RICHMARR
CONSTRUCTION CORPORATION, a
Delaware
corporation (hereinafter referred
to as “Declarant”).
WITNESSETH:
WHEREAS, Declarant is the
owner of certain property located
in the County of Fairfax, State of
Virginia, containing 17.76121
acres, as more particularly
described by reference to the
metes and bounds description and
the plat of subdivision attached
to the Deed of Dedication and
Subdivision of which this
Declaration is a part; and
WHEREAS, Declarant will
convey the said properties subject
to certain protective covenants,
conditions, restrictions,
reservations, liens, and charges
as hereinafter set forth; and
WHEREAS, Declarant desires
to create on the said property a
residential community with
permanent open spaces and the
common facilities for the benefit
of the community, and to provide
for the preservation of the values
and amenities of said community
and such other areas as may be
subject to this Declaration by
Declarant, its successors or
assigns, and for maintenance of
said open spaces and other
facilities and, to this end,
desires to subject the property as
hereinabove described to the
covenants, restrictions,
easements, conditions, charges,
and liens hereinafter set forth,
it being intended that the
easements, covenants,
restrictions, and conditions shall
run with said property and shall
be binding on all persons and
entities having or acquiring any
right, title, or interest in said
real property or any part thereof,
and shall inure to the benefit of
each other thereof; and
WHEREAS, Declarant has
deemed it desirable for the
efficient preservation of the
values and amenities of said
community to create an agency
which shall be delegated and
assigned the powers of maintaining
and administering the community
properties and facilities and
administering and enforcing the
covenants and restrictions and
collecting and disbursing the
assessments and charges
hereinafter created; and
WHEREAS, Declarant has
caused to be incorporated under
the laws of the Commonwealth of
Virginia as a non-stock,
not-for-profit corporation,
CABELL’S MILL COMMUNITY
ASSOCIATION, for the purposes of
exercising the functions
aforesaid.
NOW, THEREFORE, Declarant,
hereby declares that all of the
properties described above shall
be held, sold, and conveyed
subject to the following
easements, restrictions, covenants
and conditions, which are for the
purpose of protecting the value
and desirability of, and which
shall run with, the real property
and be binding on all parties
having any right, title, or
interest in the described
properties or any part thereof,
their heirs, successors and
assigns and shall inure to the
benefit of each owner thereof.
Back
to Top
Section 1.
“Association” shall
mean and refer to CABELL’S MILL
COMMUNITY ASSOCIATION, its
successors and assigns.
Section 2.
“Owner” shall mean and
refer to the record owner, whether
one or more persons or entities,
of a fee simple title to any Lot
which is a part of the Properties,
including Contract Sellers, but
excluding those having such
interest merely as security for
the performance of an obligation.
Section 3.
“Properties” shall mean
and refer to that certain real
property hereinbefore described,
and such additions thereto as may
hereafter be brought within the
jurisdiction of the Association.
Section 4.
“Common Area” shall
mean all real property (including
the improvements thereto) owned by
the Association of the common use
and enjoyment of the members of
the Association, and being
initially composed of Parcel A,
Cabell’s Mill, Section One,
which have been conveyed to the
Association by virtue of the Deed
of Dedication and Subdivision and
Deed of Conveyance of which this
Declaration is a part.
Section 5.
“
Lot
” shall mean and refer to any
plot of land shown upon any
recorded subdivisions map of the
Properties with the exception of
the Common Area and areas
dedicated as public streets.
Section 6.
“Declarant” shall mean
and refer to RICHMARR CONSTRUCTION
CORPORATION, its successors and
assigns, if such successors or
assigns should acquire more than
one undeveloped
Lot
from the Declarant for the purpose
of development.
Section 7.
“Member” shall mean and
refer to every person or entity
who holds membership in the
Association.
Back
to Top
Section 1.
Owners’ Easements of
Enjoyment.
Every Owner shall have a
right and easement of enjoyment in
and to the Common Area which shall
be appurtenant to and shall pass
with title to every
Lot
, subject to the following
provisions:
(a) the right of the
Association to charge reasonable
admission and other fees for the
sue of any recreational facility
situated upon the Common Area, and
to limit the number of guests of
members at such recreational
facilities.
(b) the right of the
Association to suspend the voting
rights and right to use of the
recreational facilities by an
Owner for any period during which
any assessment against his Lot
remains unpaid; and for a period
not to exceed sixty (60) days for
any infraction of its published
rules and regulations.
(c) the right of the
Association to dedicate or
transfer, at any time or upon
dissolution, all of any part of
the Common Area to any public
agency, authority, or utility for
such purposes and subject to such
conditions as may be agreed to by
the members. No
such dedication or transfer shall
be effective unless an instrument
signed by two-thirds (2/3) of each
class of members agreeing to such
dedication or transfer has been
recorded. Any
such dedication or transfer must
be consistent with the provisions
of the then existing zoning
ordinances of
Fairfax County
,
Virginia
.
(d) The right of the
Association to grant any public
utility, with or without payment
of damage to the Association,
easements for the construction,
reconstruction, installation,
repair and/or necessary
maintenance of utility lines
through or over any portion of the
Common Areas. The
foregoing shall not be construed,
however, to permit any such public
utility to acquire or damage any
improvement situate upon the
Common Areas, or other structures
or installations situate thereon
which would otherwise be deemed to
be part of the realty, without the
payment of damages, including
severance or resulting damages, if
any, to the Association, all in
amounts and in a manner now or
hereafter governing proceedings of
the acquisition of private
property for public use by
condemnation in this State.
(e) The right of the
Association, in accordance with
its Articles of Incorporation and
By-Laws, to borrow money for the
purpose of improving the Common
Area and facilities and in aid
thereof to mortgage said property
and to acquire property encumbered
by the lien or liens of the deeds
or deeds of trust security
improvements on said property.
(f) The obligation of the
Association, to maintain fire and
extended coverage on insurable
Association common property on a
current replacement cost basis in
am amount not less than one
hundred percent (100%) of the
insurable value (based on current
replacement cost), and to sue
hazard insurance proceeds for the
losses to any Association common
property solely for the repair,
replacement or reconstruction of
such Association common property.
Section 2.
Delegation of Use. Any
Owner may delegate in accordance
with the By-Laws, his right of
enjoyment to the Common Area and
facilities to the members of his
family, his tenants, or contract
purchases who reside on the
Property.
Back
to Top
Section 1.
Every owner of a
Lot
which is subject to assessment
shall be a member of the
Association. Membership
shall be appurtenant to any and
may not be separated from
ownership of any
Lot
which is subject to assessment. The
foregoing is not intended to
include person of entitles who
hold an interest merely as
security for the performance of an
obligation. No
Owner shall have more than one
ownership for each
Lot
owned. Ownership
of such
Lot
shall be the sole qualification
for membership.
Section 2.
The association shall have
two classes of voting membership:
Class A. Class
A members shall be all Owner with
the exception of the Declarant and
shall be entitled to one vote for
each
Lot
owned. When
more than one person holds an
interest in any
Lot
, all such persons shall be
members. The
vote for such
Lot
shall be exercised as they among
themselves determine, but in no
event shall more than one vote be
cast with respect to any
Lot
.
Class B. The
Class B Members shall be the
Declarant and shall be entitled to
three(3) votes for each
Lot
owned. The
Class B membership shall terminate
on the happening of either of the
following events, whichever occurs
earlier.
(a) When the Declarant no
longer owns any Lots in the
subdivision.
(b) On
December 31, 1985
.
(c) In the event of
annexation of additional
properties, Class B membership
shall be revived with respect to
those lots contained in the
annexed property; provided,
however, that this Class B
membership shall cease and be
converted to Class A membership on
the happening of either of the
following events, whichever occurs
first:
(f) When the total votes
outstanding in the Class A
membership in the annexed property
equals the total votes outstanding
in the Class B membership in such
annexed property, or
(ff) Four (4) years form
the date of recordation of the
Deed of Dedication for such
annexed property.
Back
to Top
ARTICLE IV: COVENANT FOR
MAINTENANCE ASSESSMENTS
Section 1.
Creation of the Lien and
Personal Obligation of
Assessments. The
Declarant, for each Lot owned
within the Properties, hereby
covenants, and each Owner of any
Lot by acceptance of a deed
therefore, whether or not it shall
be so expressed in such deed, is
deemed to covenant and agree to
pay to the Association: (1) annual
assessments or charges, and (2)
special assessments for capital
improvements, such assessments to
be established and collected as
hereinafter provided. Such
assessments with respect to any
particular
Lot
shall commence to be due upon
conveyance of a
Lot
to an “Owner” from the
Declarant, its successors and
assigns. The
annual and special assessments,
together with interest, costs, and
reasonable attorney’s fees,
shall be a charge on the land and
shall be a continuing lien upon
the Property against which each
such assessment is made. Each
such assessment together with
interest, costs, and reasonable
attorney’s fees, shall also be
the personal obligation of the
person who was the owner of such
Property at the time when the
assessment fell due. The
personal obligation for the
delinquent assessments shall not
pass to his successors in title
unless expressly assumed by them.
Section 2.
Purpose of Assessments.
The assessments levied by
the Association shall be used
exclusively to promote the
recreation, health, safety, and
welfare of the residents in the
Properties and for the improvement
and maintenance of the Common
Area, and of the homes, situated
upon the Properties.
Section 3.
Maximum Annual
Assessment. Until
January 1 of the year immediately
following the conveyance of the
first
Lot
to an Owner, the maximum annual
assessment shall be Sixty Dollars
($60.00) per
Lot
.
(a) From and after January
1 of the year immediately
following the conveyance of the
first
Lot
to an Owner, the maximum annual
assessment may be increased each
year not more than ten percent
(10%) above the maximum assessment
for the previous year without a
vote of membership.
(b) From and after January
1 of the year immediately
following the conveyance of the
first Lot to an Owner, the maximum
annual assessment may be increased
above ten percent (10%) by a vote
of two-thirds (2/3) of each class
of members who are voting in
person or by proxy, at a meeting
duly called for this purpose.
(c) The Board of Directors
may fix the annual assessment at
an amount not in excess of the
maximum, after consideration of
the current maintenance costs and
further needs of the Association.
(d) The assessment for Lots
owned by the Class B member,
during the period of Class B
membership shall be at a rate
equal to twenty-five percent (25%)
of the rate for a Lot owned by a
Class A member. Provided,
however that any lots owned by the
Class B member, during the period
of Class B membership, upon which
an occupied dwelling is located,
shall be subject to full
assessment, the same as if owned
by a Class A member.
Provided further, that as
consideration for the reduced
assessment on the lots owned by
the Class B member, the Declarant
hereby agrees to maintain the
Common Area and fund all budget
deficits of the Association, if
any, during the period of Class B
membership.
Section 4.
Special Assessments for
Capital Improvements. In
addition to the annual assessments
authorized above, the Association
may levy, in any assessment year,
a special assessment applicable to
that year only for the purpose of
defraying, in whole or in part,
the cost of any construction,
reconstruction, repair or
replacement of a capital
improvement upon the Common Area,
including fixtures and personal
property related thereto, provided
that any such assessment shall
have the assert of two-thirds
(2/3) of the votes of each class
of members who are voting in
person or by proxy at a meeting
duly called for this purpose.
Section 5.
Notice and Quorum for
Any Action Authorized Under
Sections 3 and 4.
Written notice of any
meeting called for the purpose of
taking any action authorized under
Section 3 or 4 shall be sent to
all members not less than thirty
(30) days nor more than sixty (60)
days in advance of the meeting. At
the first such meeting called, the
presence of Member or of proxies
entitled to cast sixty percent
(60%) of all the votes of each
class of membership shall
constitute a quorum. If
the required quorum is not
present, another meeting may be
called subject to the same notice
requirement, and the required
quorum as the subsequent meeting
shall be one-half (1/2) of the
required quorum at the preceding
meeting. No
such subsequent meeting shall be
held more than sixty (60) days
following the preceding meeting.
Section 6.
Uniform Rate of
Assessment. Both
annual and special assessments
must be fixed at a uniform rate
for all lots not owned by the
Declarant except for the
assessments set forth in Section
10 hereinafter, and may be
collected on a monthly basis.
Section 7.
Date of Commencement of
Annual Assessments.
Due Dates.
The annual assessments
provided for herein shall commence
as to Lots contained within a
section subjected to this
Declaration on the first day of
the month following the conveyance
of the first Lot in that section
to an Owner from the Declarant,
his successors, or assigns. The
first annual assessment shall be
adjusted according to the number
of months remaining in the
calendar year. The
Board of Directors shall fix the
amount of the annual assessment
against each
Lot
as least thirty (30) days in
advance of each annual assessment
period. Written
notice of the annual assessment
shall be sent to every Owner
subject thereto. The
due dates shall be established by
the Board of Directors. The
Association shall upon demand, and
for a reasonable charge, furnish a
certificate signed by an officer
of the association setting forth
whether the assessments on a
specified
Lot
have been paid.
Section B.
Effect of Nonpayment of
Assessments: Remedies
of the Association.
Any assessment not paid
within thirty (30) days after the
due date shall bear interest from
the due date at the rate of eight
percent 9%) per annum, and a late
charge in the amount of ten
percent (10%) of the assessment
due will be levied, all of which
shall constitute a lien against
the Property of the delinquent
Owner. The
Association may bring an action at
law against the Owner personally
obligated to pay the same, or
foreclose the lien against the
property. No
Owner may waive or otherwise
escape liability for the
assessment provided for herein by
non-use of the Common Area or
abandonment of his
Lot
.
Section 9.
Subordination of the
Lien to Mortgages. The
lien of the assessments provided
for herein shall be subordinate to
the lien of any first mortgage.
Sale
or transfer of any
Lot
shall not affect the assessment
lien. However,
the sale or transfer of any
Lot
pursuant to the firs mortgage
foreclosure or any proceeding in
lieu thereof, shall extinguish the
lien of such assessments as to
payments which became due prior to
such sale or transfer. No
sale or transfer shall relieve
such
Lot
from liability for any assessment
thereafter becoming due or from
the lien thereof.
Section 10.
Exempt Property. The
following property subject to this
Declaration shall be exempt from
the assessments created herein;
(a) all properties dedicated to
and accepted by a local public
authority; (b) the Common Area;
(c) all properties owned by
charitable or other organizations
exempt from taxation by the laws
of the State of
Virginia
.
However, no land or
improvements devoted to dwelling
use shall be exempt from said
assessments.
Back
to Top
ARTICLE V: ARCHITECTURAL
CONTROL
No building shall be
erected, place, or altered on any
Lot
until the construction plans and
specifications and a plan showing
the location of the structure have
been approved by the Architectural
Control Committee as to quality of
workmanship, materials, harmony of
external design with existing
structures, and as to location
with respect to topography and
finish grade elevation. No
fence or wall shall be erected,
placed or altered in any
Lot
nearer to any street than the
minimum building set back line
unless similarly approved. The
Architectural Committee is
composed of Richard A. Kirstein,
Marvin L. Kay and Leonard I. Abel
all of
1101-17th Street, N.W.
,
Washington
,
D.C.
A majority of the Committee
may designate a representative to
act for it. In
the event of death or resignation
of any member of the Committee,
the remaining members shall have
full authority to designate a
successor. Neither
the members of the Committee nor
its designated representative,
shall be entitled to any
compensation or services performed
pursuant to the covenants. The
aforenamed persons shall serve as
members of the Architectural
Control Committee for so long as
the Declarant owns any Lots within
the Cabell’s Mill development. Upon
the sale of the last
Lot
owned by the Declarant, the
aforenamed members of the
Committee shall resign, and
thereafter, the Board of Directors
shall appoint the members of the
Architectural Control Committee. At
any time after the sale of the
last
Lot
by the Declarant, the then record
Owners of a majority of the Lots
shall have the power through a
duly recorded written instrument
to change the membership of the
Committee or to withdraw from the
Committee to restore to it any of
its powers and duties. The
Committee’s approval or
disapproval as required in these
covenants shall be in writing. In
the event the Committee or its
designated representative fails to
approve or disapprove within
thirty (30) days after plans and
specifications have been submitted
to it or in any event, if no suit
to enjoin the construction has
been commenced prior to the
completion thereof, approval will
not be required and the relative
covenants shall be deemed to have
been fully complied with.
Back
to Top
In order to conserve the
natural beauty of the subdivided
property, to insure its best use
and most appropriate development
and to prevent the erection of
poorly designed or constructed
improvements, the entire area
shown on the attached plat shall
be subject to the protective
covenants and restrictions set
forth in Schedule I, which is
attached thereto and made a part
thereof by reference.
Back
to Top
Section 1.
Definitions
(a) “Common
Driveways” shall be the areas
within the ingress and egress
easements, as shown on the plats
attached to the Deeds of
Dedication and Subdivision for
Cabell’s Mill, Section One, or
as may subsequently be established
by Declarant.
(b) “Affected
Lots” shall be the Lots served
by a Common Driveway.
Section 2.
Restrictions
(a) Common
Driveways shall be used for the
purpose of ingress and egress to
the Affected Lots served by the
individual Ingress and Egress
Easements, for governmental and
other emergency vehicle ingress
and egress, and for construction
and maintenance of utilities.
(b) No
act shall be performed by any
Member, their tenants, guests or
agents which would in any manner
affect or jeopardize the free and
continuous use and enjoyment of
any other authorized Member in and
to the Common Driveway or an
Affected Lot.
(c) There
shall be no parking within a
Common Driveway at any time except
for delivery and/or emergency
vehicles, unless all Owners of
Affected Lots pertaining thereto
shall agree upon other parking
limitations.
Section 3.
Damage or Destruction.
In the event that any
Common Driveway is damaged or
destroyed (including deterioration
from ordinary wear and tear and
lapse of time):
(a) through
the act of Member or any of his
agents or guests or members of his
family (whether or not such act is
negligent or otherwise culpable),
it shall be the obligation of such
Member to rebuild and repair the
Common Driveway without cost to
the other Owners of Affected Lots
for that Driveway.
(b) other
than through the act of member,
his agents, guests or members of
his family, it shall be the
obligation of all Owner of
Affected Lots for that Common
Driveway to rebuild and repair
such Common Driveway at their
joint and equal expense.
Back
to Top
Section 1.
There is hereby granted a
blanket easement to the
Association, its directors,
officers, agents, and employees,
to any Manager employed by or on
behalf of the Association, and to
all policemen, firemen, ambulance
personnel, and all similar persons
to enter upon the Properties in
the event of emergencies, in the
performance of governmental
functions, and tin the exercise of
the functions provided by this
Declaration and the Articles,
By-Laws, and Rules of the
Association.
Section 2.
The rights accompanying the
easements provided by Section 1 of
this Article shall be exercised
only during reasonable daylight
hours and then whenever
practicable only after advance
notice to, and with the permission
of, any Owner or tenant directly
affected thereby when not an
emergency situation or a
governmental function.
Section 3.
The Declarant, its agents,
and employees shall have a right
of ingress and egress over the
Common Area as required for
construction and development of
the Properties.
Section 4.
Easement for Utilities,
etc.
There shall be and hereby
is reserved to Declarant a
perpetual and nonexclusive
easement over all Lots, and any
Common Area for the purpose of
installing, repairing, and/or
maintaining utility lines of any
sort, including, but not limited
to, storm drains, sanitary sewers,
gas lines, electric lines and/or
cables, water lines, telephone
lines, and the like. This
easement shall automatically
expire as to any
Lot
or parcel five (5) years after
subdivision of such
Lot
or Parcel.
Section 5.
Easements for
Landscaping and Related Purposes.
There shall be and hereby
is reserved to the Declarant a
perpetual and nonexclusive
easement over all Lots and any
Common Area, for a distance of
fifteen (15) feet behind any Lot
line which parallels a street
(whether public or private) for
the purpose of erecting and
maintaining street intersection
signs, directions signs, temporary
promotional signs, entrance
features, and/or “theme
areas,” light, stone, wood, or
masonry wall features, and/or
related landscaping.
Back
to Top
Section 1.
Discretionary Powers and
Duties.
The Association shall have
the following powers and duties
which may be exercised at its
discretion:
(a) To
enforce any or all building
restrictions which are imposed by
the terms of this Declaration nor
which may hereafter be imposed on
any party of the Properties. Provided,
that nothing contained herein
shall be deemed to prevent the
Owner of any Lot from enforcing
any building restrictions in his
own name; the right of enforcement
shall not serve to prevent such
changes, releases or modifications
of the restrictions or
reservations placed upon any part
of the Properties by any party
having the right to make such
changes, releases or modification
in the deeds, contracts,
declarations or plats in which
such restrictions and reservations
are set forth; and the right of
enforcement shall not have the
effect of preventing the
assignment of those rights by the
proper parties wherever and
whenever such rights of assignment
exists. The
expense and costs of any
enforcement proceedings initiated
by the Association shall be paid
out of the general fund of the
Association, as hereafter provided
for;
(b) to
provide such light as the
Association may deem advisable on
streets and for the maintenance of
any and all improvements,
structures or facilities which may
exist or be erected from time to
time on any Common Area;
(c) To
build facilities upon land owned
or controlled by the Association;
(d) To
use the Common Area and any
improvements, structures, or
facilities erected thereon subject
to the general rules and
regulations established and
prescribed by the Association and
subject to the establishment of
charges for their use;
(e) To
mow and resow the grass and to
care for, spray, trim, protect,
plant and replant trees and shrubs
growing on the Common Area and to
pick up and remove from said
property and area all loose
material, rubbish, filth and
accumulations of debris; and to do
any other thing necessary or
desirable in the judgment of the
Association to keep the Common
Area in neat appearance and in
good order;
(f) To
exercise all rights and control
over any easements which the
Association any from time to time
acquire, including, but not
limited to, those easements
specifically reserved to the
Association in Article VII hereof;
(g) To
create, grant and convey easements
upon, across, over and under all
Association properties including,
but not limited to, easements for
the installation, replacement,
repair and maintenance of utility
lines serving lots in the
subdivision;
(h) To
create subsidiary corporations;
(I) To
employ from time to time such
agents, servants and laborers as
the Association may deem necessary
in order to exercise the powers,
rights and privileges granted to
it, and to make contracts; and
(k) To
promulgate such rules and
regulations as needed to regulate
the use of any parking areas that
may be constructed or authorized
on Common Area for the benefit of
all Owners, which rules and
regulations may include assignment
of parking spaces and no
restriction or prohibition on
certain vehicles as provided in
this Declaration.
Section 2.
Mandatory Powers and
Duties. The
Association shall exercise the
following rights, powers and
duties:
(a) To
accept title to the Common Area
and to hold and administer said
property for the benefit and
enjoyment of the owners and
occupiers of lots in the
subdivision. The
purpose of this provision is to
impose on the Association the
obligation to accept title to any
Common Area and to hold and
maintain the same for the benefit
of owners and occupants to Lots in
Cabell’s Mill, and
(b) To
make and enforce regulations
governing the use of the Common
Area.
Back
to Top
All Mortgagees shall have
the following rights:
Section 1.
A Mortgagee, upon request,
will be given write notification
from the association of any
default in the performance by the
Owner of a
Lot
relating to the mortgage owned by
the Mortgagee of any obligation
under this Declaration or related
Association documents, which is
not cured within sixty (60) days.
Section 2.
Any Mortgagee who obtains
title to a Lot pursuant to the
remedies s provided in the
mortgage, or foreclosure of the
mortgage, or deed or assignment in
lieu of foreclosure, will not be
liable for such Lot’s unpaid
dues or charges which accrue prior
to the acquisition of title to the
Lot by the Mortgagee.
Section 3.
A Mortgagee shall have the
right to examine the books and
records of the Association.
Section 4.
Provided that improvements
have been constructed in the
Common Area, and provided that a
Mortgagee gives notice to the
Association that it has relied on
the value of the improvements in
making a loan on the Properties,
then such Mortgagee shall be
further entitled to the following
rights:
(a) Unless
al Mortgagees and three-fourth
(3/4) of the Owners have given
their prior written approval, the
Association shall not:
(i) By
act or omission seek to abandon,
partition, subdivide, encumber,
sell or transfer the common Area
or other property owned by the
Association. The
granting of easements for public
utilities or other public purposes
consistent with the intended use
of the Common Area by the
Association shall not be deemed a
transfer within the meaning of
this clause;
(ii) Change
the method of determining
assessments;
(iii) By
act or omission change, waive or
abandon the architectural controls
or imposition thereof established
by this Declaration;
(iv) Fail
to maintain fire and extended
coverage on insurable parts of the
Common Area or other Association
property on a current
replacement-cost basis in an
amount not less than one hundred
percent (100%) of the insurable
value based on current replacement
costs, not including land value of
the improvements; and
(v) Use
hazard insurance proceeds for
losses to the Common Area or other
Association property for other
than the repair, replacement, or
reconstruction of such property.
(b) A
Mortgagee may, jointly or singly,
pay taxes on other charges which
are in default and which may or
have become a charge against the
Common Area, and may pay overdue
premiums on hazard insurance
policies, or secure new hazard
insurance coverage upon the lapse
of a policy for such Common Area. The
Mortgagee or Mortgagees making
such payments shall be immediately
reimbursed therefore from the
Association;
(c) The
assessments imposed by the
Association shall include an
adequate reserve fund for
maintenance, repairs, and
replacements for those parts of
the Common Area which may be
replaced or require the
maintenance on a periodic basis. Such
reserves shall be payable in
regular installments rather than
by special assessments;
(d) The
Association shall cause the
immediate repair, reconstruction
or renovation of any damage to the
Common Area or Association
property unless a decision not to
repair, reconstruct or renovate is
approved by all Mortgagees;
(e) In
the event that there is a
condemnation of the Common Area or
other Association property, to the
extent practicable, condemnation
proceeds shall be used to repair
or replace the property taken by
condemnation; and
(f) Should
there be excess casualty insurance
or condemnation proceeds after the
renovation, repair, or
reconstruction called for herein,
such excess proceeds any be
distributed equally to the Owners,
apportioned equally by Lot,
subject, however, to the priority
of a Mortgagee with regard to the
proceeds applicable to the Lot
securing said Mortgagee.
Back
to Top
Section 1.
Enforcement.
The Association, or any
Owner, shall have the right to
enforce, by any proceeding at law
or in equity, all restrictions,
conditions, covenants,
reservations, liens and charges
now or hereafter imposed by the
provisions of this Declaration. Failure
by the Association or by any Owner
to enforce any covenant or
restriction herein contained shall
in no event be deemed a waiver of
the right to do so thereafter.
Section 2.
Severability. In
validation of any one of these
covenants or restrictions by
judgment or court order shall in
no way affect any other provisions
which shall remain in full force
and effect.
Section 3.
Amendment.
The covenants and
restrictions of this Declaration
shall run with and bind the land,
for a term of twenty (20) years
from the date this Declaration is
recorded, after which time they
shall be automatically extended
for successive periods of twenty
(20) years. This
Declaration may be amended during
the first twenty (20) year period
by an instrument signed by not
less than ninety percent (90%) of
the Lot Owners, and thereafter by
an instrument signed by not less
than seventy-five percent (75%) of
the
Lot
owners. Any
amendment must be recorded.
Section 4.
Annexation of other
additional property not provided
for herein shall require the
assent of two-thirds (2/3) of the
Class A members and two-thirds
(2/3) of the Class B members, if
any, at a meeting duly called for
this purpose, written notice of
which shall be sent to all members
not less than ten (10) days nor
more than fifty (50) days in
advance of the meeting, setting
forth the purpose of the meeting. The
presence of members or of proxies
entitled to cast two-thirds (2/3)
of the votes of each class of
membership shall constitute a
quorum. If
the required quorum is not
forthcoming at any meeting,
another meeting may be called,
subject to the notice requirement
set forth above, and the required
quorum at such subsequent meeting
shall be one-half (1/2) of the
required quorum of the preceding
meeting. No
such subsequent meeting shall be
held more than fifty (50) days
following the preceding meeting. In
the event that two-thirds (2/3) of
the Class A membership or
two-thirds (2/3) of the Class B
membership are not present in
person or by proxy, members not
present may give their written
assent to the action taken
thereat.
Section 5.
If within five (5) years of
the date of incorporation of this
Association, the Declarant
develops additional lands included
within the approximately 123.38225
acres conveyed to the Declarant by
deed recorded in Deed Book 5124 at
page 194 among the land records of
Fairfax County, Virginia, of which
Cabell’s Mill, Section One is a
part, such additional lands may be
annexed to said Properties without
the assent of the Class A members;
provided however, that the
development of the additional
lands described in this section
shall be in accordance with a
general plan submitted to the
Federal Housing Administration and
the Veterans Administration,
should such agencies be involved. If
such agencies are involved,
detailed plans for the development
of additional lands must be
submitted to the Federal Housing
Administration and the Veterans
Administration prior o such
development. If
either the Federal Housing
Administration or the Veterans
Administration determines that
such detailed plans are not in
accordance with the general plan
on file and either agency to
advises the Association and the
Declarant, the development of the
additional lands must have the
assent of two-thirds (2/3) of the
Class A members who are voting in
person or by proxy at a meeting
duly called for this purpose,
written notice of which shall be
sent to al members not less than
ten (10) days nor more than fifty
(50) days in advance of the
meeting setting forth the purpose
of the meeting. At
this meeting, the presence of
members or of proxies entitled to
cast two-thirds (2/3) of all of
the votes of the Class A
membership shall constitute a
quorum. If
the required quorum is not
forthcoming at any meeting,
another meeting may be called,
subject to the notice requirement
set forth above, and the required
quorum at any such subsequent
meeting shall be one-half (1/2) of
the required quorum at the
preceding meeting. No
such subsequent meeting shall be
held more than sixty (60) days
following the preceding meeting.
Section 6. FHA/VA
Approval. After
initial approval of the Lots for
FHA or VA financing for so long as
there is a Class B membership, the
following actions will require the
prior approval of the Federal
Housing Administration or the
Veterans Administration:
(a) annexation
of additional properties;
(b) mergers,
consolidations, and dissolution of
the Association;
(c) mortgaging
or dedication of the Common Area;
and
(d) amendment
of Declaration of Covenants,
Conditions, and Restrictions.
IN WITNESS WHEREOF, the
undersigned, being the Declarant
herein, has hereunto set his hand
and seal this ____ day of _______,
1981.
RICHMARR CONSTRUCTION
COMPANY
BY:
__________________________
STATE
OF__________________
DISTRICT
OF ____________, to-wit:
I, _________________, a
Notary Public in and for the
County and State aforesaid do
hereby certify that
________________ as
__________________ of RICHMARR
CONSTRUCTION CORPORATION, whose
name is signed to the foregoing
document, bearing date on the
_____ day of __________, 1981, has
acknowledged the same before me in
my county and State aforesaid.
GIVEN under my hand and
seal this ____ day of _______,
1981.
________________
My commission expires:
__________________
Back
to Top
1.
LAND USE AND BUILDING TYPE. No
Lot
shall be used except for
residential purposes. No
building shall be erected,
altered, placed or permitted to
remain on any other lot other than
one detached single-family
dwelling not to exceed two and
one-half stories in height and a
private garage for not more than
two cars.
2.
FENCES.
No stockade fence of any
kind shall be erected or
maintained on or along any
property line, except along
property lines forming the
exterior boundary of the property
encompassed within CABELL’S
MILL. No
fence of any kind shall be erected
or maintained on any portion of
the said premises along the front
property line or from the front
building line to the front lot
line. No
fence of any kind shall be erected
or maintained in or along the rear
of said premises to or from the
front building line to the rear
lot line or from the side of any
building to the said lot line
except a hedge fence, picket
fence, lattice fence or wire
fence.
3.
EASEMENTS.
Easements for installation
and maintenance of utilities and
drainage facilities are reserved
to the
County
of
Fairfax
, as shown on the recorded plat
and over the rear five (5) feet of
each lot, and this instrument
shall in no way affect, limit or
restrict same.
4.
NUISANCES.
No noxious or offensive
activity shall be carried on upon
any lot, nor shall anything be
done thereon which may be or may
become an annoyance or nuisance to
the neighborhood. No
commercial vehicle, whether owned
by the lot owner or any other
person, shall be permitted to
remain on or be parked on any lot
overnight.
5.
No trade or business of any
kind shall be advertised from or
transacted on the premises, except
that this covenant shall not
prevent a lawyer, physician,
dentist, podiatrist, chiropodist,
or any other member of the
medical, dental or legal
profession from practicing such
profession from said premises,
provided that such person so
practicing such profession from
said premises also resides
therein.
6.
No signs of any kind or
character shall be exhibited,
displayed or placed upon any
portion of the above-described
premises, except that the owner of
any lot may place a sign not
larger than ten inches by fifteen
inches thereon, bearing the words
“For Sale” or “To Rent”
together with the name and address
or the person to home inquiries
regarding the sale or rent of such
property are to be addressed. The
owner or occupant of such premises
may also place one sign upon the
premises upon which is inscribed
the name and profession of the
occupant of the premises, but no
such sign shall be larger than six
inches by twelve inches. Provided
however, that the Declarant shall
have the right to maintain such
signs on the Property as may be
necessary to permit the marketing
of the homes to be built upon the
Property.
7.
TEMPORARY STRUCTURES.
No structure of a temporary
character, trailer, basement,
tent, shack, garage, barn or other
outbuilding shall be used on any
lot at any time as a residence
either temporarily or permanently. The
foregoing covenants and
restrictions shall not apply to or
prohibit the erection or
maintenance of a sale office or
other building utilized during
construction by the Declarant on
the plats or parcels hereabove
described ,and shall not apply to
or affect any signs, used by the
builder or by any firms, persons
or corporation holding a mortgage
or mortgages, or by any persons,
firms, corporations and agents who
may, will and do insure and
guarantee said mortgage or
mortgages, as to the plots or
parcels hereinabove described.
8.
LIVESTOCK AND POULTRY.
No animals, livestock or
poultry of any kind shall be
raised, bred or kept on any
Lot
, except that dogs, cats, or other
household pets may be kept
provided that they are not kept,
bred or maintained for any
commercial purpose.
9.
GARAGE AND REFUSE DISPOSAL.
No
Lot
shall be used or maintained as a
dumping ground for rubbish. Trash,
garbage or other waste shall not
be kept except in sanitary
containers, all incinerators or
other equipment for the storage or
disposal of such material shall be
kept in a clean and sanitary
condition.
Back
to Top |
